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These Regulations require employers to consult employees on health and safety matters at work. Where employees are not represented by safety representatives under the 1977 Regulations, employers must consult them either directly or through elected 'representatives of employee safety'. The Regulations establish consultation obligations on topics including new workplace measures, safety appointments, training, and new technologies. They grant representatives specific functions (making representations on hazards, representing employees with HSE inspectors), require employers to provide training and paid time off for representatives, and protect candidates and representatives from detriment.
This regulation imposes mandatory process requirements (elected representatives, paid time off, training, consultation procedures) without clear evidence that these mechanisms produce safety outcomes superior to simpler disclosure-based approaches. The 1974 Act's general duties already require employers to ensure employee health and safety, and common law provides additional protections. The mandatory election of representatives, paid time off provisions, and training requirements add compliance costs and administrative burdens that may disproportionately affect small businesses. While health and safety outcomes are important, the specific mechanism of mandatory consultation through elected representatives is not obviously superior to less restrictive alternatives such as simple information disclosure requirements. Post-Brexit regulatory independence provides an opportunity to replace this process-heavy EU-derived approach with a more flexible framework focused on outcomes rather than procedures.